Usha Chauhan vs State Of Nct And Ors
2022 Latest Caselaw 2332 Del

                          $~3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     C.R.P. 119/2022 & CM APPL. 36576/2022 (stay)

                                USHA CHAUHAN                                       ..... Petitioner

                                                   Through:      Mr. Sunil Nair with Mr. Nazim
                                                                 Ahmad and Mr. Alphy Thomas,
                                                                 Advocates.
                                                   versus

                                STATE OF NCT AND ORS                               ..... Respondents

                                                   Through:      Mr. Rajesh Kumar Agnihotri,
                                                                 Advocate for respondent No.1.

                          %                                 Date of Decision: 23rd September, 2022.

                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                              JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. Present writ petition has been filed challenging the order dated 05.07.2022, whereby, the application of the petitioner under Order 9 Rule 7, CPC as well as the application under Order 44 read with Section 114, CPC was dismissed with costs of Rs. 5,000/-.

2. Learned counsel for the petitioner submits that the learned Trial Court has wrongly relied upon the forged rent agreement and has directed to make the payment of arrears of the rent @ Rs.11,000/- per month. Learned

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.09.2022 17:02:21 counsel for the petitioner submits that whereas the rate of rent actually is Rs.3,200/- per month.

3. I have perused the order. Perusal of the impugned order dated 05.07.2022 indicates that an eviction petition was filed. In the eviction petition, the rent was stated at Rs.11,000/- per month on the basis of the Rent Agreement dated 11.07.2019. The impugned order also indicates that on 11.01.2021, on an application being moved under Section 15A, CPC in the presence of both the parties, the defendant/petitioner was directed to clear the arrears of rent @ Rs.11,000/- per month since February, 2020. However, thereafter, the petitioner stopped appearing before the Court. On an application being moved, the defence of the defendant/petitioner was struck off, vide order dated 11.01.2021. The defendant/petitioner was also proceeded ex-parte vide order dated 26.08.2021.

4. The exercise of revisional jurisdiction as conferred under Section 115, CPC is very limited. The High Court can interfere only if the learned Trial Court has exercised the jurisdiction not vested in it or has exceeded the jurisdiction. The order can also be set aside if it is patently illegal or suffers from any perversity.

5. Perusal of the present order indicates that the learned Trial Court has passed the order in accordance with law. Learned counsel for the petitioner has not been able to point out any specific illegality or perversity in the order of the learned Trial Court. The Court in its revisional jurisdiction cannot substitute its opinion with that of the learned Trial Court.

6. I do not find any illegality or perversity in the impugned order of the

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.09.2022 17:02:21 learned Trial Court.

7. Accordingly, the present petition along with pending application stands dismissed.

DINESH KUMAR SHARMA, J SEPTEMBER 23, 2022 st

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.09.2022 17:02:21